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Government Gazette 7943 Government Gazette OF THE STATE OF NEW SOUTH WALES Number 162 Friday, 15 October 2004 Published under authority by Government Advertising and Information LEGISLATION Regulations New South Wales Aboriginal Land Rights Amendment (Elections) Regulation 2004 under the Aboriginal Land Rights Act 1983 Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Aboriginal Land Rights Act 1983. ANDREW REFSHAUGE, M.P., MinisterMinister for Aboriginal AffairsAffairs Explanatory note The object of this Regulation is to extend the period within which elections must be held following the appointment of an administrator to an Aboriginal Land Council from 12 months to 2 years. This Regulation is made under the Aboriginal Land Rights Act 1983, including sections 226 and 252 (the general regulation-making power). s04-288-12.p01 Page 1 7944 LEGISLATION 15 October 2004 Clause 1 Aboriginal Land Rights Amendment (Elections) Regulation 2004 Aboriginal Land Rights Amendment (Elections) Regulation 2004 under the Aboriginal Land Rights Act 1983 1 Name of Regulation This Regulation is the Aboriginal Land Rights Amendment (Elections) Regulation 2004. 2 Amendment of Aboriginal Land Rights Regulation 2002 The Aboriginal Land Rights Regulation 2002 is amended as set out in Schedule 1. Page 2 NEW SOUTH WALES GOVERNMENT GAZETTE No. 162 15 October 2004 LEGISLATION 7945 Aboriginal Land Rights Amendment (Elections) Regulation 2004 Amendments Schedule 1 Schedule 1 Amendments (Clause 2) [1] Clause 98 Election of officers of a Local or Regional Aboriginal Land Council following appointment of administrator Omit “12 months” from clause 98 (2). Insert instead “2 years”. [2] Clause 99 Election of officers of New South Wales Aboriginal Land Council following appointment of administrator Omit “12 months” from clause 99 (2). Insert instead “2 years”. [3] Schedule 8 Savings, transitional and other provisions Omit clause 1. [4] Schedule 8, clause 6 Insert after clause 5: 6 Election following appointment of administrator to Aboriginal Land Council The amendments made to clauses 98 and 99 by the Aboriginal Land Rights Amendment (Elections) Regulation 2004 extend in relation to the appointment of an administrator that took place less than 12 months before the commencement of that Regulation. Page 3 NEW SOUTH WALES GOVERNMENT GAZETTE No. 162 7946 LEGISLATION 15 October 2004 New South Wales Local Government (General) Amendment (Winding up of Cudgegong (Abattoir) County Council) Regulation 2004 under the Local Government Act 1993 Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Local Government Act 1993. ANTHONY BERNARD KELLY, M.L.C., Minister for Local Government Minister for Local Government Explanatory note Cudgegong (Abattoir) County Council was constituted under the Local Government Act 1993. Clause 1 (1) of Schedule 9 to that Act provides that the county council may be wound up voluntarily or by a liquidator appointed by the Minister. Clause 1 (2) applies the text of Parts 5.5–5.9 of the Corporations Act 2001 of the Commonwealth (which deal with various aspects of external administration, including winding up) to the winding up of the county council. The provisions of Parts 5.5–5.9 apply as a State law with the modifications set out in clause 1 (2) of Schedule 9, the modifications specified in section 16 of the Corporations (Ancillary Provisions) Act 2001 (NSW) and any further modifications prescribed by the regulations. The object of this Regulation is to further modify the application of the provisions of Parts 5.5–5.9 of the Corporations Act 2001 of the Commonwealth in relation to the winding up of Cudgegong (Abattoir) County Council. In particular, the Regulation disapplies Divisions 3–7 of Part 5.7B, which deal with a director’s duty to prevent insolvent trading and liability to compensate a company if that duty is breached and other aspects of the recovery of property or compensation for the benefit of creditors of insolvent companies. This Regulation is made under the Local Government Act 1993, including section 748 (the general regulation-making power) and clause 1 (2) (g) of Schedule 9 (Special provisions relating to Cudgegong (Abattoir) County Council). s04-339-11.p01 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 162 15 October 2004 LEGISLATION 7947 Local Government (General) Amendment (Winding up of Cudgegong Clause 1 (Abattoir) County Council) Regulation 2004 Local Government (General) Amendment (Winding up of Cudgegong (Abattoir) County Council) Regulation 2004 under the Local Government Act 1993 1 Name of Regulation This Regulation is the Local Government (General) Amendment (Winding up of Cudgegong (Abattoir) County Council) Regulation 2004. 2 Amendment of Local Government (General) Regulation 1999 The Local Government (General) Regulation 1999 is amended as set out in Schedule 1. Page 2 NEW SOUTH WALES GOVERNMENT GAZETTE No. 162 7948 LEGISLATION 15 October 2004 Local Government (General) Amendment (Winding up of Cudgegong (Abattoir) County Council) Regulation 2004 Amendment Schedule 1 Schedule 1 Amendment (Clause 2) Clause 41A Insert after clause 41: 41A Modification of Parts 5.5–5.9 of Corporations Act of the Commonwealth concerning winding up of Cudgegong (Abattoir) County Council For the purposes of clause 1 (2) (g) of Schedule 9 to the Act, the following modifications of Parts 5.5–5.9 of the Corporations Act 2001 of the Commonwealth are prescribed: (a) the definition of recovery proceeding in section 588E (1) is to be read as if paragraphs (e) and (f) were omitted, (b) section 588E (8) is to be read as if paragraphs (d) and (e) were omitted, (c) section 588FF is to be read as if “(but not a director)” were inserted after “a person” wherever occurring in section 588FF (1) (a), (b), (c) and (d), (d) Part 5.7B is to be read as if sections 588FGA and 588FGB were omitted, (e) Part 5.7B is to be read as if Divisions 3–7 were omitted, (f) section 590 is to be read as if “within 10 years next before the relevant day or at a time on or after that day” wherever occurring in section 590 (1) (c), (g) and (h) and (2) were omitted and “at any time on or after the relevant day” were inserted instead, (g) section 596A is to be read as if “, to the extent that they relate to its winding up,” were inserted after “affairs”, (h) section 596B (1) is to be read as if “, to the extent that they relate to its winding up,” were inserted after “affairs” where firstly occurring, (i) section 596B (1) (b) (i) is to be read as if “, to the extent that they relate to its winding up,” were inserted after “affairs of the corporation”, (j) section 596B (1) (b) (ii) is to be read as if “, to the extent that they relate to its winding up” were inserted after “affairs of the corporation”, Page 3 NEW SOUTH WALES GOVERNMENT GAZETTE No. 162 15 October 2004 LEGISLATION 7949 Local Government (General) Amendment (Winding up of Cudgegong (Abattoir) County Council) Regulation 2004 Schedule 1 Amendment (k) section 596D is to be read as if “, to the extent that they relate to its winding up” were inserted after “affairs” wherever occurring in section 596D (1) (b) and (2) (b), (l) section 597 (5B) is to be read as if “, to the extent that they relate to its winding up,” were inserted after “corporation”, (m) section 597A is to be read as if “(winding up)” were inserted after “affairs” in the heading, (n) section 598 (2) (a) is to be read as if “the winding up of” were inserted after “in relation to”. Page 4 NEW SOUTH WALES GOVERNMENT GAZETTE No. 162 7950 LEGISLATION 15 October 2004 Orders New South Wales First State Superannuation (Holy Spirit Dubbo) Order 2004 under the First State Superannuation Act 1992 MARIE BASHIR,, GovernorGovernor I, Professor Marie Bashir AC, Governor of the State of New South Wales, with the advice of the Executive Council, and in pursuance of section 7 of the First State Superannuation Act 1992, make the following Order. Dated, this 29th day of September 2004. By Her Excellency’s Command, JOHN DELLA BOSCA, M.L.C., SpecialSpecial Minister of of State State Explanatory note The object of this Order is to include persons employed at the aged care facility known as Holy Spirit Dubbo as employees of Catholic Health Care Services Limited, to the extent that it is an employer within the meaning of the First State Superannuation Act 1992, but only in relation to persons who were employees immediately before 9 August 2004, the date on which Holy Spirit Dubbo (as part of Lourdes Hospital and Community Health Service) ceased to be listed under the Health Services Act 1997 as a recognised establishment or recognised service in relation to Catholic Health Care Services Limited (see the Health Services Amendment (Lourdes Hospital and Community Health Service) Order 2004). This Order is made under section 7 of the First State Superannuation Act 1992. s04-417-11.p02 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 162 15 October 2004 LEGISLATION 7951 Clause 1 First State Superannuation (Holy Spirit Dubbo) Order 2004 First State Superannuation (Holy Spirit Dubbo) Order 2004 under the First State Superannuation Act 1992 1 Name of Order This Order is the First State Superannuation (Holy Spirit Dubbo) Order 2004. 2 Commencement This Order is taken to have commenced on 9 August 2004. 3 Amendment of First State Superannuation Act 1992 No 100 The First State Superannuation Act 1992 is amended by inserting “and those persons who were employed at Lourdes Hospital and Community Health Service immediately before 9 August 2004 and who, on or after that date, transferred their employment to Holy Spirit Dubbo” after “2001” in the matter relating to Catholic Health Care Services Limited in Schedule 1 (Employers).
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